Kirit @ Jignesh Kabhaybhai ... vs State Of Gujarat
2021 Latest Caselaw 6034 Guj

      R/CR.MA/8883/2021                                ORDER DATED: 15/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 8883 of 2021

                     In R/CRIMINAL APPEAL NO. 706 of 2021

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                 KIRIT @ JIGNESH KABHAYBHAI PATANVADIYA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MS CHETNA SHAH, APP (2) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
           and
           HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 15/06/2021

                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is an application filed by the applicant under section 5 of the Limitation Act for condonation of delay caused in preferring the aforesaid Criminal Appeal against the judgment and order of conviction dated 14.8.2018 passed by learned 5th Additional Sessions Judge, Vadodara in Sessions Case No.47 of 2017.

2. The applicant is seeking condonation of delay of 518 days as according to him, he was unable to procure any legal help for want of financial arrangement. He, therefore, approached the authority which can provide him legal aid as he was unable to prepare for filing of an appeal against the judgment and order dated 14.8.2018.

3. While issuing Rule, learned APP has waived the service of notice of rule on behalf of the respondent State. We have heard learned advocate Mr.Bomi H.Shethna appearing for the applicant and learned

R/CR.MA/8883/2021 ORDER DATED: 15/06/2021

APP Ms.Chetna Shah for the respondent State.

4. We noticed that 518 days delay has been caused in preferring an appeal. However, the fact that the applicant needed to approach the Legal Service Authority for legal aid where he is represented by learned advocate Mr.Shethna is the reason of being genuine financial crunch which has hampered his taking recourse of law. Having been satisfied with the genuineness of the grounds and reasons put forth, we deem it appropriate to allow the present application. Delay of 518 days caused in preferring the aforesaid Criminal Appeal is condoned.

Rule is made absolute.

(SONIA GOKANI, J)

(RAJENDRA M. SAREEN,J) H.M. PATHAN